Bombay High Court

ABHINAV SHIKSHAN SANSTHA THR ITS SECRETARY VIKRAM M NAWALE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The State must independently scrutinize the petitioners' reimbursement proposals and, if entitlement is established, reimburse the fees within the time limits prescribed by the Court.

Summary

The petitioners, Abhinav Shikshan Sanstha, sought reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. They argued that the State of Maharashtra was obligated to reimburse the fees incurred in providing education to these students. The State contended that the reimbursement process required verification and was subject to its procedural rules. The Court examined whether the petitioners were entitled to reimbursement under the RTE Act and whether the State could delay the process. It held that the State must independently scrutinize the petitioners' reimbursement proposals on their merit without undue delay. Accordingly, the Court directed the State to complete the scrutiny within four weeks and, if entitlement is established, to disburse the reimbursement within a further four weeks.

Issues considered

Whether the petitioners are entitled to reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009.
Whether the State of Maharashtra must process such reimbursement claims within a specified time frame.

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

Right to Education
fee reimbursement
writ petition
state obligations
educational institutions

Judgment

2026:BHC-AUG:45884-DB


                                                1                  46-WP-12883-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 12883 OF 2026

                   ABHINAV SHIKSHAN SANSTHA, NAWALEWADI THROUGH ITS
                                     SECRETARY AND OTHERS
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                             OTHERS
                                               ...
              Mr. Shahaji K. Shinde, Advocate for the Petitioners
              Mr. A. B. Girase, GP for Respondents/State
                                               ...
                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.
                                        DATE : 30th SEPTEMBER, 2026
              PER COURT :

              1.           It is a matter of reimbursement of fees in respect of

              25% students admitted by the petitioners Institutions under the

              Right of Children to Free and Compulsory Education Act, 2009.

              2.           Heard learned advocate for the petitioners and learned

              AGP for the State.

              3.           The writ petition is disposed of by directing respondent

              authorities to undertake scrutiny of the petitioners’ proposals

              independently, on their own merit and decide the same as

              expeditiously as possible and in any case within a period of four

              weeks from today and if the petitioners are found entitled to get

              reimbursement, shall disburse the money to them within a period of

              four weeks thereafter.



              (ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)


              SVH

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